Letting agent / rented apartment problems

bankemployee101

Hi,

This is the first time I've actually started a thread on this board so I hope it is a suitable place to ask my questions.

A friend of mine recently had to move out of her central Manchester apartment because her landlord could no longer afford it, so was selling up. She had all kinds of problems with his estate agents (rude staff, unplanned viewings etc.) and ended up moving down the road around two months ago.

The place she's moved to is a grade II listed building - a former sorting office, I believe. It's quite a nice place but she has a problem that I consider quite significant and I was hoping someone here might be able to help.

In the renovation of the building, they have retained the original (extremely tall) windows, which do not open. They are just a mass of small window panes. In addition to the original windows, they have installed an inner window (presumably for insulation reasons), with a sliding feature. There is no balcony.

Given how hot it has been in recent weeks, my friend told me that the temperature in the apartment has been as high as 98 degrees fahrenheit (36 C) and since the only opening windows do not let in fresh air, it has been unbearable for her.

It just sounds wrong to me that a modern apartment can be allowed to have zero ventilation, especially when it has been so hot.

She says she asked the letting company about it (a different one from the one her previous landlord was using) prior to signing her contract and was told that they would sort it. I'm not sure whether this was at a viewing or over the phone.

I feel I should point out that the lady in question is of Moldovan origin, and as such her English is not overly strong - especially when it comes to dealing with letting agents etc. who, in my own experience, can be downright grasping and ruthless!
Also, she is not in the best of health (heart-related, I believe) so could do without the stress of this situation. I also know that she is not particularly moneyed.

Apparently the agents have said she can move out if she likes - presumably at the full expense of her deposit - having just two months ago spent £400 on removals just to move down the road.

So my questions (finally, I hear you cry!) are as follows:

- is there any kind of right to ventilation? - it may sound like a silly question but I would have hoped there would be something in place to protect people from such poor air quality. Personally, I would have thought that an apartment would have to feature air conditioning units (or at least a fan!) if there is no direct access to fresh air.

- if the company did, indeed, tell her that they would 'sort' the issue of the windows, is that a verbal contract? If so, what kind of evidence would suffice? If so, hypothetically if her (aged 18+) daughter (who lives with her) had been present at the time, would she qualify as a witness?

Apologies for the rather encyclopaedic post(!), but I felt I should give as much detail as I have to aid anyone who might be able to help. It really irritates me how companies (in particular these dreadful letting agencies!) can try to take advantage of people who are not legally savvy, especially when they're foreign.

She's a good person and I want to help her as best I can. I have already suggested the CAB and she is waiting for them to get back to her. In the meantime, I hope someone here will be able to help. Any comments appreciated.

Werdnal

I would contact the Environmental Health Office at the local council and ask their advice on the situation. They should have knowledge of the relevant legislation on ventilation and temperatures in residential accommodation and be able to advise whether there is an issue with the building.

I assume there are other residents in the conversion - have you/she spoken to any neighbours ask to whether they also have a problem? A united front from several different residents may prompt the EHO to check the specs for the building - the council wheels grind slowly so the more people "complain" the better!

Sadly, if it is listed, there would likely be nothing that could be done about the existing windows, but as you say, some form of "air exchange" system or air con should have been included in the original building mods. Are you sure there is nothing installed which she may be unaware of, due to mis-communication and language barrier?

If she has heart-related health issues, I would be more concerned that the heat would have a detrimental affect on her, rather than the stress!

PS If the property was converted recently, check out the planning portal on the local council website. The plans should be shown, usually in quite indepth detail, and issues relating to ventilation then may have been discussed as part of the application, subsequent discussion, revisions, amendments or clauses added to the final consent for the work.

BitterAndTwisted

This sounds completely unacceptable but she should have acquainted herself with such an obvious deficiency before she signed on the line. It's going to be a completely different story once winter sets in with nowhere for any of the humidity to escape to.

Your (possibly justified) jaundiced opinion of agents aside, in this instance, and many others, it's the landlord's responsibility to maintain and repair the fabric of the property and not the agent. They are just the commissioned handmaidens, which is why they are called "agents": as in acting for and on behalf of because it's the landlord's money which gets spent on this or any any other non-tenant-caused problems.

In my opinion your friend should grasp with both hands the opportunity to get the hell out of there before winter if not sooner if she can possibly afford it.

bankemployee101

Thanks.

To be honest, I hadn't even considered what it would be like for her in winter!

I don't know whether she would even be able to afford removals again *plus* the cost of yet another deposit. But I agree that, if the agents/landlord truly are giving her the option of leaving, perhaps that is what she will have to do (I didn't think that would be possible since she will have signed on a 6/12 month basis.)

I also hadn't twigged that it is, of course, down to the landlord to make any necessary alterations.

Although she noticed the issue at the time of viewing, if it wasn't a particularly warm day, it probably wouldn't have occurred to her that it could lead to the problems she's now having.

Thanks, again.

bankemployee101

Thanks, Werdnal.

I may contact the EHO on her behalf/with her present. I'm sure her neighbours must be experiencing the same problem.

I live in the same apartment building she lived in previously (how we met), on the top floor, and it gets pretty hot up here - even with a balcony - I'm currently about two feet away from a tower fan that I decided to invest in!

I should go see her so we can have a nosey around in search of any possible source of cool air - under my fridge there's some cool/hot fan thing installed which can come in handy at times despite not being overly powerful - suppose there's a possibility she might have something similar there.

Again, thanks.

moromir

bankemployee101 wrote:

T
I also hadn't twigged that it is, of course, down to the landlord to make any necessary alterations.

It'll get even more convoluted because the landlord will be subservant to the headlease of the property which, being a listed building, almost certainly prohibits the altering of any windows or the exterior look of the building (ie installing vents).

bankemployee101

Yeah, the fact that it is a listed building is the root of the matter. It's quite the double-edged sword really, in that it is a lovely building, but also brings with it problems such as this...
Thanks

dimbo61

COULD SHE INVEST IN A SMALL PORTABLE AIR CON UNIT
sorry about the caps lock

bankemployee101

I SUPPOSE SHE COULD (just kidding re caps lock!) - and I shall suggest it - I think the problem is finding one that won't cost the Earth and one that is powerful enough actually to improve the conditions even a little.

When I bought my tower fan I was horrified by some of the prices and decided I would just get the one and move it from room to room with me! Nevertheless I dread my next electricity bill!

dimbo61

She can move it from bedroom to lounge when needed.
Check out Which
DeLonghi NF170 is £250 scored 71% and is portable
Now I have no idea of the cost of electric but that depends how much she uses it

G_M

Always report issues like this in writing (a letter (to the landlord, at the address on the tenancy agreement.

I don't believe there is legislation about max temperatures- in the work place there are minimum temps, but not max.

However Building Regulations might specify something. Check with Building Control at thecouncil - they should have signed off the conversion.

As suggested, Environmental Health may have advice.

Finally, if you reach agreement aboutleaving early, establish the terms (need to pay rent till a replacement is found? get your deposit back? Pay LL's marketing costs?), and get it allconfirmed in writing.